(PC) Blackman v. Harrington et al, No. 1:2010cv00380 - Document 7 (E.D. Cal. 2010)

Court Description: ORDER DENYING 2 Motion to Proceed IFP; ADOPTING IN FULL Both 5 & 6 FINDINGS AND RECOMMENDATIONS, which are the same; Plaintiff is DIRECTED to pay the $350.00 filing fee by August 18, 2010, signed by Chief Judge Anthony W. Ishii on 7/21/2010. (Marrujo, C)

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(PC) Blackman v. Harrington et al Doc. 7 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 TONY BLACKMAN, 10 Plaintiff, 11 12 CASE NO. 1:10-cv-380-AWI-MJS (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATION AND DENYING PLAINTIFF’S MOTION TO PROCEED IN FORMA PAUPERIS v. KELLY HARRINGTON, et al., (ECF Nos. 2 & 6) 13 Defendants. / 14 15 Plaintiff Tony Blackman, a state prisoner proceeding pro se, has filed this civil rights action 16 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 17 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 18 On May 12, 2010,1 the Magistrate Judge filed a Findings and Recommendation herein which 19 was served on Plaintiff and contained notice to Plaintiff that any objection to the Findings and 20 Recommendation was to be filed within thirty days. More than thirty days have passed and Plaintiff 21 has not filed an Objection. 22 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(c) and Local Rule 305, this Court 23 has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court 24 finds the Findings and Recommendations to be supported by the record and by proper analysis. 25 /// 26 27 28 1 The Court notes that the same Findings and Recommendation was filed on May 6, 2010. To give the Plaintiff the benefit of a longer time to respond, the Court will proceed on the Findings and Recommendation filed on May 12, 2010. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendation, filed May 12, 2010, is adopted in full; 3 2. Plaintiff’s Motion to Proceed in Forma Pauperis (ECF No. 2) is DENIED; 4 3. Plaintiff is DIRECTED to pay the $350 filing fee not later than August 18, 2010. 5 The Plaintiff is hereby on notice that failure to comply with this order may result in 6 dismissal of his case for failure to prosecute. 7 8 IT IS SO ORDERED. 9 10 Dated: 0m8i78 July 21, 2010 CHIEF UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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